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Emerging Challenges, Opportunities and Recent Developments for IPRTA to Developing Countries- Uganda Trade and Intellectual Property (UTIP) Program IPRT Forum 9-11 July 2008 Mexico. Presented by Elizabeth Tamale Principal Commercial Officer Ministry of Tourism, Trade and Industry Uganda.
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Emerging Challenges, Opportunities and Recent Developments for IPRTA to Developing Countries-Uganda Trade and Intellectual Property (UTIP) ProgramIPRT Forum 9-11 July 2008Mexico Presented by Elizabeth Tamale Principal Commercial Officer Ministry of Tourism, Trade and Industry Uganda
Introduction • According to the TRIPS Council decision of 29 November 2005, LDCs were mandated to provide the TRIPS Council, preferably before 1 January 2008, all possible information on their individual needs for technical and financial assistance for implementing the TRIPS Agreement. • The process was intended to catalyze the start-up of new national IP capacity building programmes for LDCs like Uganda
Cont • Needs assessment for the implementation of TRIPS agreement done in July 2007 using tool kit developed by Saana Consulting and ICTSD, funded by DFID • Oct. 2007 report submitted to WTO TRIPS Council • The assessment identified long term requirements for technical and capacity building in four major areas namely: policy, legal and regulatory framework; innovation, technology transfer, creativity and using IP for development; IP administration, and IP enforcement • March-April 2008, Uganda requested for short term consultancy to move forward from the needs assessment stage and to formulate and implement the priority technical assistance projects within an overall national capacity building programme on IP and TRIPS. • Program facilitated by Saana Consulting and funded by DFID
Objective • The overall objective of the follow up exercise was to follow-up Uganda’s TRIPS Council submission and the technical assistance needs assessment diagnostic study • The specific objectives were to consult with key IP stakeholders in Uganda and potential development partners and formulate a prioritized, national IPR capacity building programme which can be supported by Uganda’s development partners over the next 5 years
Scope of Work • Undertook a detailed review of the needs assessment diagnostic study of October 2007 to identify the potential priority areas for technical and financial assistance from potential development partners (multilateral and bilateral) • Organized a half-day stakeholder workshop and series of individual consultations with key stakeholder and development partners to gather inputs, discuss priorities and review the content of the needs assessment diagnostic study.
For each priority area identified, a brief project proposal with detailed objectives, outputs, activities and budget was formulated. • An overall implementation structure to arrange the management, co-ordination, monitoring and evaluation of the priority projects within a coherent national framework for IP capacity building was designed.
Cluster 1: IP Regulation (Updating national IP policy, legaland regulatory framework) • Establish National IP Forum • IP policy research/analytical studies • IP policy advisory support & workshops for policy makers • Legislative development and review • Study tours for policy makers • Participation in international rule making
Cluster 2: IP Administration (Modernizing IPR Administration) • Development of optimal business model for IP Office at URSB with benchmarking study • Technical assistance and training and enhanced human resources in IP Office at Uganda Registration Services Bureau (URSB) • Automation, networking and IT services for IPR registries • Remodelling and refurbishment of IP office premises, client facilities & archives • Enhancement of front-office facilities and online web-based interface for users of IP registries • Study tours for IP office staff
Cluster 3: IP Enforcement (Strengthening Enforcement & related Regulation of IPRs • IP enforcement regulations and procedures for customs and UNBS • Implementation of anti-counterfeiting & piracy legislation through elaboration of regulations and procedures • Training of trainers and officers on IP at enforcement agencies. • Tailored skills development & colloquia for judiciary & public prosecutors • ICT equipment, webpage development, software and vehicles • Curriculum and trainer development at Law Development Centre and Judicial Training Institute for legal practitioners, public prosecutors and judiciary • Study tours for judiciary & IP enforcement authorities
Activity cluster 4: Diffusion (Using IP for business, innovation, creativity and technology transfer) • Innovation and creativity awards, competition and exhibitions • IP awareness for business, researchers, academicians and creators • Innovation & patent Information services at Uganda National Council for Science and Technology (UNCST) • Support to IP management &technology transfer help desks • Improving IP education and undergraduate /graduate teaching • IP professional skills development for legal practitioners • Study tours for IP teachers and IP managers
Programme Steering & Advisory Committee Chaired by MTTI MJCA, URSB, MoH, MAAIF, URA UNCST, UNBS, MFPED, MES, ULRC, JSI, PSFU, Development Partners UTIP Programme Co-ordination Team Programme Co-ordinator /Focal point (f/t) Programme Assistant + Accountant/Procurement Officer (f/t) International IP Capacity Building Adviser (p/t) Annual Workplan & Budget Monitoring & Progress Reports Strengthening IP Enforcement & Regulation Cluster Using IP 4 Business, Innovation, Creativity & Technology Transfer Cluster Modernizing IP Administration Services Cluster IP Policy & Legal Reform Cluster Programme Partners, Beneficiaries, Stakeholders Private Sector, Public Sector, Consumers UTIP structure and institutional framework
Way Forward • Program has been presented to WTO/TRIPS council 17-18 June 2008 • Meetings held with potential bilateral and multilateral donors to seek areas of assistance. • Positive response has been received from some donors willing to fund some activities in Cluster 1 and study tours. • Interest in Cluster 4 has been limited and yet it is crucial for the successful implementation of the TRIPS Agreement possibly in 2013
Conclusion • LDCs facing challenges as they negotiate the multilateral and bilateral agreements • Needs assessment report useful tool to be used in the negotiations. • IPRTA should be demand driven in order for the programs to be successful • The experience of Uganda and Sierra Leone will be useful for other LDCs trying to conduct the needs assessment and project identification in areas of IPR • Failure for development partners to help the two countries implement their projects will mean that few LDCs will be interested in responding to the TRIPS council Decision of 29 November 2005. • Finally, it will be beneficial for LDCs to learn from the success of developing countries in how to use IPR for development
Thank You etamale@mtti.go.ug etamale@hotmail.com